HomeMy WebLinkAboutPC Min 2007-02-07
City of Seal Beach Planning Commission
Agenda for February 7, 2007
7:30 p.m.
I. PLEDGE OF ALLEGIANCE
II ROLL CALL
III. AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or
public to request an Item be removed from the Consent Calendar for separate
action.
IV. ORAL COMMUNICATIONS
At this time, members of the public may address the Planning Commission
regarding any items within the subject matter jurisdiction of the Planning
Commission, provided that the Planning Commission may undertake no action or
discussion unless otherwise authorized by law
V. CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by
one motion unless prior to enactment, a member of the Planning Commission,
staff, or the public requests a specific item be removed from the Consent Calendar
for separate action.
1. Approve Planning Commission Meeting Minutes of January 17, 2007.
VI. SCHEDULED MATTERS
VII. PUBLIC HEARING
2. Height Variation 07-1
729 South Shore Drive
1
City of Seal Beach Plannmg Commission' Agenda of February 7, 2007
Applicant/Owner: TKR Construction / Billie & Emilio Diaz
Request: To construct a non-habitable architectural feature in
excess of the 25-foot height limit. Specifically, the
applicant proposes to construct a 5-foot 6-inch by 6-foot
elevator enclosure to exceed the maximum 7 -foot
height limit by 4 feet.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-1.
3. Variance 07-1
Minor Plan Review 07-3
617 Ocean Avenue
Applicant/Owner:
John Smith
Request:
Variance 07-1 - To add approximately 120 sq. ft. of
additional living space to a legal, nonconforming 5-unit
structure. Specifically, the applicant proposes to
reduce the density of the property from 5 units to 4 units
by combining Units C and D on the 2nd floor and then
adding approximately 120 sq ft to that unit.
Minor Plan Review 07-3 - Major remodel including
proVIsion of 336 sq. ft. of new decks on the 2nd floor, an
80 sq. ft. mechanical/equipment room, a circular
stairway to a new, open-roof deck, and major intenor
remodel work. Also, the applicant proposes to add a 5th
parking space on the ground floor in the form of a
tandem garage space comprising 200 sq. ft. and a 36
sq. ft. laundry area along the west side of the property,
and a new elevator and foyer on the west Side of the
property for access to the remodeled 2nd story unit.
Recommendation: Deny Variance 07-1 and approve Minor Plan Review
07-3, subject to conditions, and adoption of Resolution
07-4 and 7-5, respectively.
4. Conditional Use Permit 07-3
2311 Seal Beach Blvd (Starbucks)
Applicant/Owner:
Pacific Gateway Retail, LLC
2
City of Seal Beach Planning Commission. Agenda of February 7, 2007
Request: Permit drive-thru window, patio seating, and a 24-hour
business operation in conjunction with a Starbuck's
Coffee Shop.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 01-8.
5. Conditional Use Permit 01-1
132 13th Street
Applicant/Owner: Scott Levitt, 132 13th Street, LLC/132 13th Street, LLC
Request: Conversion of a two-unit structure to condominiums.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 01-6.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
To February 21,2001, at 6:30 P.M. for Zoning Code JOInt Study Session.
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Feb 21
Feb 26
Mar 07
Mar 21
Apr 04
Apr 18
May 09
May 23
Jun 06
Jun 20
Jul04
Jul18
Aug 08
Aug 22
Sep 05
Sep 19
Oct 03
Oct 17
Nov 07
Nov 21
Dec 05
Dec 19
City of Seal Beach Planmng Commission . Agenda of January 18, 2006
2007 Aaenda Forecast
Zoning Code Joint Study Session (6:30 p.m.)
Zoning Code Joint Study Session (6'30 pm)
Zoning Code Joint Study Session (6:30 p.m.)
Minor Plan Review 01-4
CUP 01-2
- 916 Blue Heron
- 12410 Seal Beach Blvd (Ralph's Market)
HOLIDAY - Meeting Cancelled
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of February 7, 2007
Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7'30 p.m. on Wednesday, February 7,2007. The meeting was
held In the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Deaton, Commissioners Bello, Ladner, O'Malley, and Roberts
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Alexander Abbe, Assistant City Attorney
Absent: None
AGENDA APPROVAL
MOTION by Roberts; SECOND by O'Malley to approve the Agenda as presented
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Ladner, O'Malley, and Roberts
None
None
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
There being no one wishing to speak, Chairperson Deaton closed oral communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of January 17, 2007.
1 These Minutes were transcribed from audiotape of the meeting
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of February 7, 2007
Mr. Abbe noted that Commissioners Bello and Ladner should abstain from voting on this
item, as they were absent from the Planning Commission meeting of January 17, 2007.
MOTION by Roberts; SECOND by O'Malley to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-2
Deaton, O'Malley, and Roberts
None
None
Bello and Ladner
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
2. Height Variation 07-1
729 South Shore Drive
Applicant/Owner: TKR Construction / Billie & Emilio Dlaz
Request: To construct a non-habitable architectural feature in excess
of the 25-foot height limit Specifically, the applicant
proposes to construct a 5-foot 6-inch by 6-foot elevator
enclosure to exceed the maximum 7 -foot height limit by 4
feet.
Recommendation' Approval, subject to conditions, and adoption of Resolution
07-1.
Staff Report
Mr Whittenberg delivered the staff report (Staff Report is on file for inspection in the
Planning Department.) He provided some background Information on this Item and
noted that the proposed elevator meets all city standards and will be located at the
center of the home and will not be significantly close to any of the surrounding homes
He stated that Staff is recommending approval, subject to conditions, and adoption of
Resolution 07-1 as presented. He indicated that Staff had received no comments either
In favor of or against this application.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of February 7, 2007
Public HearinQ
Chairperson Deaton opened the public hearing.
Sack Rattan, the architect for the proJect, noted that aside from the elevator all other
architectural features are below the approved height limit. Commissioner Deaton asked
why the elevator is to be Installed Mr Rattan stated that the Diaz's plan to live In this
home for a long time and wish to be able to enjoy access to the roof deck for as long as
they live in the home.
John DeWitt asked what type of elevator is to be constructed He noted that there are
many types of hydraulic elevators powered from below the unit that could easily be
installed as the home is constructed He noted that this might prevent having to exceed
the height limit.
Mr. Rattan stated that the elevator in question IS a variance on the hydraulic elevator
that pushes from below He noted that the reason for the encroachment into the height
limit is that the elevator has three stops, and one of these is on the roof deck
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing
Commissioner Comments
Commissioner Bellow stated that the after reviewing the Staff Report she finds the
project to be compatible With the neighborhood.
MOTION by Roberts; SECOND by Bello to approve Height Variation 07-1 and adopt
Resolution 07-1 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Ladner, O'Malley, and Roberts
None
None
Mr Abbe adVised that the adoption of Resolution No. 07-1 beginS a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning
3 Variance 07-1
Minor Plan Review 07-3
617 Ocean Avenue
Applicant/Owner'
John Smith
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of February 7, 2007
Request:
Variance 07-1 - To add approximately 120 sq ft. of
additional living space to a legal, nonconforming 5-unit
structure. Specifically, the applicant proposes to reduce the
density of the property from 5 unIts to 4 units by combining
Units C and D on the 2nd floor and then adding
approximately 120 sq. ft to that Unit
Minor Plan Review 07-3 - Major remodel Including provision
of 336 sq. ft. of new decks on the 2nd floor, an 80 sq. ft.
mechanical/equipment room, a circular stairway to a new,
open-roof deck, and major Interior remodel work. Also, the
applicant proposes to add a 5th parking space on the ground
floor In the form of a tandem garage space comprising 200
sq ft. and a 36 sq. ft. laundry area along the west side of the
property, and a new elevator and foyer on the west side of
the property for access to the remodeled 2nd story unit.
Recommendation. Deny Variance 07-1 and approve Minor Plan Review 07-3,
subject to conditions, and adoption of Resolution 07-4 and
7 -5, respectively
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department) He provided some background information on this item and
noted that the reason for the Variance is that as of 2004 City Code no longer allows for
an addition of habitable living space to nonconforming multi-Unit properties. He
indicated that this property was granted approval of a Variance and Conditional Use
Permit In 2000, but at that pOint the applicant had other Issues to deal With and had not
proceeded with the project, but he is now requesting approval of a Variance to complete
the work. He then explained that all of the requests listed under Minor Plan Review
(MPR) 07-3 are allowed under City Code through the MPR process, subject to approval
by the Planning Commission (PC) He stated that Staff is recommending denial of
Variance 07-1 and approval of MPR 07-3. He outlined the findings necessary In order
for the PC to grant a Variance, noting that they are usually granted when there is an
unusual lot configuration that makes it difficult to meet setback requirements.
Commissioner Comments
For the record, Commissioner O'Malley stated that he had toured the property at 617
Ocean Avenue and met John Smith, but had made no commitment to him regarding this
application.
Chairperson Deaton and CommiSSioner Roberts disclosed that they had also separately
met with the applicant.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of February 7, 2007
1 Commissioner Roberts requested that Staff show the PowerPoint presentation of
2 photos of the subject property. Mr. Whittenberg proceeded to do so, providing brief
3 descriptions of each of the photos.
4
5 Public Hearinq
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7 Chairperson Deaton opened the public hearing.
8
9 Chuck Feenstra, representative for John Smith, stated that the original Variance was
10 approved by the PC In December 2000, but the applicant was unable to proceed with
11 the project due to the untimely death of his wife and also due to a massive fire In the
12 City of Julian in which Mr. Smith's ranch and dwelling were destroyed. He said that
13 because building permits have expired, the applicant requests that the PC approve the
14 plans as submitted with a reduction of 180 square feet per the recommendation of Staff.
15 He added that the only lot coverage increase would be the 200 sq. ft. garage and this
16 would not exceed to total lot coverage allowed, and the majority of the work would be on
17 the interior of the structure. He recommended approval of Variance 07-1 and Minor
18 Plan Review 07-3.
19
20 There being no one else wishing to speak, Chairperson Deaton closed the public
21 hearing.
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23 Commissioner Comments
24
25 Commissioner Roberts stated that he has no problem at all With MPR 07-3; however, he
26 has a problem with the recommendation to deny Variance 07-1. He noted that moving
27 the utilities from the roof top to an enclosed structure, creating an additional parking
28 garage, reducing the density from 5 units to 4, the addition of 120 sq. ft. does not project
29 beyond the existing line of the structure, and the second balcony would have a glass
30 enclosure making it less intrusive as a structure are all positives. He asked the City
31 Attorney whether the extenuating circumstances leading to the delay on this project
32 would constitute a hardship that would fulfill the finding of special circumstance in this
33 case. Mr. Abbe stated that in order to grant a Variance the PC must make a finding that
34 the Variance would not adversely affect the General Plan and that there are special
35 circumstances applicable to the property, such as the topography or the location of the
36 surroundings. He indicated that he is not aware of a reported case granting a Variance
37 based upon the facts as described, but he would not affirmatively state that this would
38 not be legal, but would state that the PC needs to make these specific findings, and he
39 is unaware of a reported case citing these circumstances as findings. Commissioner
40 Roberts stated that he does not believe this project would adversely affect the General
41 Plan.
42
43 Chairperson Deaton stated that one of the largest extenuating circumstances for her is
44 that the project was previously approved and, also, the applicant was not able to renew
45 his permits in a timely manner due to the circumstances in his life, and she feels this
46 merits consideration She noted that Dr. Smith will be reducing the denSity on his
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of February 7, 2007
property, adding garage space, leaving a lot of green space, removing the utility
equipment from the roof, and completely redoing the building.
Commissioner O'Malley stated that Seal Beach is also a city nation of laws and
Ordinance 1519 must be considered. He noted that this ordinance states that a
nonconforming unit cannot be expanded unless it meets the criteria. He asked Mr
Whittenberg whether this is correct Mr Whittenberg stated that the decision as to what
constitutes a special circumstance applicable to the property for granting a Variance IS
one that each Commissioner would have to make. He explained that as Staff
understands the Zoning Code (ZC) and status of law in California, Staff does not believe
that this qualifies under the special circumstances as stated in Ordinance 1519, but
Staff remains strictly a recommending body
Mr. Abbe advised that a separate motion would be needed for the Variance and for the
MPR
MOTION by Roberts; SECOND by Bello to approve Minor Plan Review 07-3 and adopt
Resolution 07-5 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Ladner, O'Malley, and Roberts
None
None
Mr. Abbe advised that the adoption of Resolution No. 07-5 begins a 10-day calendar
appeal period to the City Council The Commission action tonight IS final and the
appeal period begins tomorrow morning.
MOTION by Roberts; SECOND by Deaton to approve the request for Variance 07-1 as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Ladner, and Roberts
O'Malley
None
Mr. Abbe stated that Staff would return with the formal Resolution No. 07-4 approving
Variance 07-1 for formal adoption at the Planning Commission meeting of March 21,
2007 He advised that the public hearing IS closed and additional testimony would not
be taken. He stated that adoption of Resolution No. 07-4 would begin a 10-day
calendar appeal period to the City Council and the Commissioner action would be final
with the appeal period beginning the morning after adoption.
4. Conditional Use Permit 07-3
2311 Seal Beach Blvd. (Starbucks)
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of February 7, 2007
1 Applicant/Owner: Pacific Gateway Retail, LLC
2
3 Request: Permit drive-thru window, patio seating, and a 24-hour
4 business operation in conjunction with a Starbuck's Coffee
5 Shop.
6
7 Recommendation: Approval, subject to conditions, and adoption of Resolution
8 07-8.
9
10 Staff Report
11
12 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection In the
13 Planning Department.) He provided some background information on this item noting
14 that this retail/hotel project has already gone through several different approvals
15 including Environmental Impact Reports (EIR), adoption of a Specific Plan (SP), and
16 Site Plan review for the final building, parking lot, and driveway access arrangements
17 for the proposed hotel and retail uses at this location. He indicated that initially
18 Starbucks does not intend to operate 24 hours a day, but wishes to open at 5:00 a.m.,
19 and the City requires a Conditional Use Permit (CUP) in order for a business to operate
20 between the hours of 2:00 a.m. and 6:00 a.m. He stated that the drive-through window
21 was considered during the Site Plan Review (SPR) and was approved by the PC as a
22 part of this SPR. He explained that the queue area is long enough to accommodate 7-9
23 vehicles, depending upon the size of the vehicle, with the menu board and speaker
24 located closest to Seal Beach Boulevard (SBB) approximately 650 feet away from
25 Westminster Avenue and approximately 750 feet away from the nearest Leisure World
26 residential units. He noted that the speaker system automatically reduces the volume
27 emanating from the speaker as the background noise level drops. Chairperson Deaton
28 asked which direction the speaker faces. Mr. Whittenberg stated that it faces northwest
29 at a diagonal, so it is not directly facing Leisure World and there is a building between
30 Starbucks and Leisure World. He indicated that the outdoor dining patio would have 20
31 seats and would require approval of a final plan for the enclosure around the patio to
32 prevent customers wandering into the parking lot area He stated that Staff is
33 recommending approval subject to a 12-month review.
34
35 Commissioner Questions
36
37 Chairperson Deaton asked if Mr. Whittenberg had visited the dnve-through Starbucks in
38 Long Beach in the COSTO shopping center. She noted that it appears that they usually
39 have more than 9 cars in the queue area, and she said that she could see the same
40 thing happening at the proposed location on SBB. She asked if it would be possible to
41 create a longer queue area. Mr. Whittenberg stated that the parking lot configuration
42 would not make it possible to do this, and noted that Starbucks is usually most busy
43 dunng the early morning hours and most of the other businesses in this center would
44 probably not open until after 9:00 or 10'00 a.m. He noted that the 12-month review
45 would allow for adjustments should this become an issue.
46
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City of Seal Beach Plannmg Commission
Meetmg Minutes of February 7, 2007
Commissioner Ladner asked if there will be a stop light for northbound cars wishing to
make a left turn to enter the retail center. Mr. Whittenberg stated that there will be a
4-way signal-controlled intersection right at the boundary between this project and the
Boemg property.
Commissioner Roberts asked whether The Boeing Company has any financial interest
in this development. Mr. Whittenberg responded that it does not. Using the sign
locations as they appear on the plans as a reference point, Commissioner Roberts
asked whether Starbucks would be closest to SBB as opposed to being closer to the
parking lot. Mr. Whittenberg stated that it would be closer to SBB.
Public HearlnQ
Chairperson Deaton opened the public hearing.
John Mehigan of Pacific Gateway Retail, LLC, stated that he IS in agreement with the
conditions of approval and said he would be happy to respond to questions from the
Planmng Commission (PC). Commissioner Roberts asked about the car queuing Mr.
Mehlgan stated that usually a queue line will accommodate nine cars, and typically
there are seven spaces. He stated that one of the Boeing Specific Plan requirements
for this drive-through was to add a couple extra spots. He said that he believes this will
work because most of the traffic generated for this Starbucks Will probably come from
the Boemg faCIlity and, hopefully, a lot of this will be walk-up traffic. Commissioner
Ladner inquired about employee parking. Mr. Mehlgan stated that employee parking
areas have not been designated, but he anticipates that employees will use the far end
of the parking lot. He noted that the CC&R's state that management has the right to
designate a parking area for employees, should parking become a problem He stated
that Starbucks would probably have approxImately 4-5 employees on site for each shift.
Commissioner Roberts asked when occupancy would take place. Mr. Mehlgan stated
that plans are to open the retail center m August 2007, With the hotel opening in early
2008
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Commissioner Comments
MOTION by O'Malley; SECOND by Ladner to approve Conditional Use Permit 07-3 and
adopt Resolution 07-8 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Ladner, O'Malley, and Roberts
None
None
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CIty of Seal Beach Plannmg CommIssIon
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1 Mr. Abbe advised that the adoption of Resolution No. 07-8 begins a 10-day calendar
2 appeal period to the City Council. The Commission action tonight is final and the
3 appeal period begins tomorrow morning.
4
5
6 5 ConditIonal Use Permit 07-1
7 132 13th Street
8
9 Applicant/Owner: Scott Levitt, 132 13th Street, LLC/132 13th Street, LLC
10
11 Request: Conversion of a two-unit structure to condominiums.
12
13 Recommendation: Approval, subject to conditions, and adoption of Resolution
14 07-6.
15
16 Staff Report
17
18 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
19 Planning Department.) He provided some background information on this Item and
20 noted that this building is currently under construction and City Code requires approval
21 of a Conditional Use Permit (CUP) for condominium purposes He noted that this
22 application was presented approximately 6-7 months ago and at that time the Planning
23 Commission (PC) voted to approve the project for condominium development With a
24 limitation of two stones. He stated that at that time the City went through the process of
25 adopting an Intenm ordinance prohibiting 3-story developments to allow the City to
26 study these standards, resulting in petitions being circulated throughout the community
27 to acquire signatures to stay this ordinance. He said that at this time City Code allows
28 for 3-story construction on the rear half of lots measuring 37 5 feet or wider He noted
29 that 132 13th Street is under construction and meets all City standards for development
30 and has all approvals from the California Coastal Commission (CCC), and the applicant
31 is now requesting approval for conversion of the property to condominiums. He noted
32 that at the time of the prevIous review by the PC, the project was not constructed and
33 there was a different set of cntena upon which the final determination was made to
34 approve the project With a reduced height, based upon findings of compatibility with the
35 surrounding neighborhood. Mr. Whittenberg noted that the Staff Report indIcates that
36 these issues do not apply at this pOint, as the building IS under construction and will be
37 bUilt with two stories on the front half and three stories on the rear half, and the Issue of
38 compatibility would not be related to the bUilding because It is now there. He indicated
39 that the issue now IS whether to allow for owner/occupant potentials In a two-unit
40 development as opposed to non-owner occupied potential users. He said that Staff is
41 recommending approval because the ability for owners to occupy the Units is beneficial
42 He noted for the record that Staff had received a letter from Pat Kearns speaking in
43 opposition to Conditional Use Permit 07-1. He also indicated that Staff has prepared
44 two supplemental memos conveying the follOWing Information:
45
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1 1. Request to modify the Conditions of Approval In Resolution 07-6 primarily related
2 to the items the City feels should be included in the Conditions, Covenants, &
3 Restrictions (CC&Rs) for a condominium project.
4
5 2. Staff received several calls from residents expressing concerns that the building
6 was not correctly located on the property and Staff has attempted to respond to
7 these concerns in the memo provided to the Commissioners. One of the concerns
8 was that the rear yard setback did not apply to City standards, but Staff had
9 reviewed the grading plan, the survey, and the certification of grading and found
10 that the score line for the alley actually encroaches approximately 5 Inches onto
11 the applicant's property. The setback from the property line at the opposite side of
12 the alley should be 24 feet, but actually measures 23 feet 11 inches. Staff verified
13 the height of the third story to measure 34 feet 6 inches, and the garage depth is In
14 accordance with the approved plans.
15
16 Public Hearinq
17
18 Chairperson Deaton opened the public hearing.
19
20 Scott Levitt, 132 13th Street, stated that he is in agreement with the Staff Report and the
21 CC&Rs as presented. He said he would be happy to respond to any questions from the
22 Planning Commission.
23
24 Jim Caviola, 1117 Ocean Avenue, spoke in opposition to this project, stating that this
25 project translates into a 35-ft. high home on a 25-ft. lot, because this is a 50-ft. lot that
26 will have two 35-ft. high structures on it, creating a "big box building" look.
27
28 Nancy Grgas stated that this project represents the definition of "mansionization." She
29 said the only difference from the last time this project came before the PC is that now it
30 is built and one can see how huge it is. She said she opposes approval based upon all
31 of the reasons this project was previously denied.
32
33 Bruce Boehm stated that he lives directly behind 132 13th Street he opposes what he
34 described as "a monolithic condominium complex"; one which the PC had already
35 determined was not compatible With the neighborhood and had unanimously denied
36 He said the developer had a choice to construct two 3-story units or two 2-story
37 condominiums, and now he has received approval from Staff to construct two 3 story
38 condominiums. He stated that while collecting signatures to allow three-story structures
39 In Old Town, the Save Our Seal Beach group found that residents of Old Town do not
40 want this and then began to advocate for no referendum. He encouraged that PC to
41 deny this request.
42
43 Pat Kearns, 209 15th Street, spoke in opposition to CUP 07-1, stating that there is no
44 reason to approve this project.
45
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Meetmg Mmutes of February 7, 2007
1 Victor Grgas, 134 15th Street, stated that this is a discretionary not a mandatory
2 approval, and members of the PC have already stated their determination that if the
3 applicant wanted to construct condos, the height would be limited to 25 feet. He
4 indIcated that in his 25 years of work in property development he has never seen a
5 developer so blatantly disregard neighboring residents or the PC He encouraged the
6 PC not to back down as this would "set a very ugly precedent" for any other developers
7 wishing to do the same type of project. He said he could only descnbe this bUilding as a
8 "monstrosity," and has never seen a building so "ternbly designed" He encouraged that
9 when revising the Zoning Code, Staff senously consider how a 50-ft wide lot affects
10 neighboring properties.
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12 Tony Fabfnello, 134 13th Street, stated that he lives next door to Mr. LeVitt's project He
13 said that the PC had already approved the project for 2-story duplex, and he sees no
14 reason to change this. He said that having this huge bUilding next door to his Will not
15 help his property values
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17 Warren Morton, 13th Street, spoke in opposition to CUP 07-1, noting that Mr. LeVitt has
18 gone against the wishes of neighbonng residents. He encouraged the PC to deny the
19 request for condominiums.
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21 Joyce Parque spoke In favor of CUP 07-1. She stated that this is a beautiful unit and
22 people want to live in big houses She recommended approval.
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24 John DeWitt, 1105 Electric Avenue, said he viewed the subject property today and it
25 looks hornbly out of place In the neighborhood He said that he believes the City has a
26 right not only to protect the bUilder but to protect surrounding property owners. He
27 cautioned that approval of CUP 07-1 would set a precedent for future developers. He
28 recommended denial.
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30 Mike Bubbe, 412 Central Way, spoke in opposition to CUP 07-1. He said that
31 surrounding property values will be diminished as a result of the scale and size of Mr.
32 Levitt's project, and approval of condominiums would in essence be taking more money
33 from the neighborhood He recommended denial of CUP 07-1 or that this Item be
34 postponed until after the 2-story, 3-story issue has been decided
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36 Mary Lewis, 8th Street, clanfled that Save Our Seal Beach did not advocate against a
37 referendum vote and is not dOIng so now She said that there was an overwhelming
38 response from Old Town In favor of three-story development. She encouraged approval
39 of CUP 07-1
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41 Mr Levitt stated that the side yards setbacks for hiS project are 5 feet, the front setback
42 is 15 feet, the rear setback IS In compliance, and each Unit has a two car garage. He
43 said that hiS unit would not be a detnment to the community and he does not believe
44 that he is setting a precedent. He said all he wants is a Judicious and fair vote
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1 There being no one else wishing to speak, Chairperson Deaton closed the public
2 heanng.
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4 Mr. Abbe noted that one of the speakers had expressed concerns over putting two
5 condominiums on a 50-ft. lot and in effect creating two 25-ft. lots that would not comply
6 with Code. Mr. Abbe stated that what has already been approved is an air space
7 division He explained that condominiums don't actually divide the lot, but they divide
8 the space on the lot. He also articulated the legal standard before the PC tOnight by
9 stating that the PC has before it an applicant who has an approved 3-story structure
10 who applied for a conversion of this structure to condominiums and the legal standard
11 for a condominium conversion is "will the conversion of ownership be consistent with the
12 General Plan and compatible with the surrounding uses and the community in general"
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14 Commissioner Comments
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16 Commissioner Roberts stated that from the beginning of this whole issue many of the
17 speakers making comments have degraded the Planning Commissioners by not giving
18 them credit for having an independent thought in their brains. He said the Commission
19 IS not "being played" or lying to anyone, but during these public heanngs the
20 Commissioners have intently listened to all speakers and in good conscious voted their
21 mind He said that when he voted on the previously-approved resolution, he did not
22 vote on a condominium, but had voted to limit a structure to 2 stones, and If he had
23 wished to deny a condominium he would have done so. He said that tOnight he would
24 not be voting for three stories, but would be voting on the Issue of condominiums He
25 noted that members of the public will have a chance to participate in the Study Sessions
26 to review the Zoning and Subdivision Codes. He stated that the PC would be spiteful if
27 they were to deny the applicant's request for a condominium, so he would vote for
28 approval
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30 Commissioner O'Malley said that the Commission IS not going to require that Mr. Levitt
31 demolish what he has built, and this is an entirely different issue than what the PC was
32 dealing with previously, which was two- and three-story structures on lots 37.5 feet wide
33 in Old Town He noted that he believes this to be discriminatory as three stories are not
34 allowed any where else In the City He stated that the PC had put a lot of thought and
35 work into the deCision they had originally made, and personally no one came to him
36 prior to any of the discussions or heanngs, requesting that he do anything to promote
37 limiting three story structures He said he was sorry that this issue did not go to
38 referendum, as this would have provided for more dialogue and discussions and the
39 citizens of Seal Beach would have spoken He noted that many Leisure World
40 residents had been told that their properties would be taken away If they did not sign the
41 petItions beIng circulated in favor of three story structures, and he is a little suspect of
42 some of the things that went on. He stated that there is really no good reason to deny
43 this request.
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of February 7, 2007
Commissioner Ladner stated that Mr. Levitt's project meets all the required City
standards and the PC has tried to do its best In deciding what would be best for Old
Town and the rest of the community, and will continue to do so.
Commissioner Bello stated that she does not believe this project IS compatible with the
properties in Seal Beach, but she cannot legally deny this project
Chairperson Deaton stated that she cannot in good conscious or by the law that has
been given to her state that this CUP IS In keeping with the General Plan and is not
detrimental to the community, so, she cannot vote in favor of It
MOTION by Roberts, SECOND by Ladner to approve Conditional Use Permit 07-1 and
adopt Resolution 07-6 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Bello, Ladner, O'Malley, and Roberts
Deaton
None
.
Mr. Abbe advised that the adoption of Resolution No. 07-6 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
STAFF CONCERNS
Mr, Whittenberg stated that the Study Sessions to review the Preliminary Draft of the
ZOning & Subdivision Codes have been scheduled for the following dates:
February 21,2007
February 26, 2007
March 7, 2007
He indicated that the Commissioners have been provided With a copy of the Preliminary
Draft, which has also been distributed the City Council and the local libraries Copies
are available for purchase In City Hall, and the draft IS also available on the City
webslte. He briefly reviewed the content for each session and noted that the meetings
would begin at 6'30 p.m.
COMMISSION CONCERNS
Commissioner Roberts requested a status on the Rossmoor Center. Mr. Whittenberg
stated that plans for California Pizza Kitchen are still in plan check, and Mel's Diner has
contacted the City to state that they plan to submit plans by next week
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of February 7, 2007
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 8:20 p m. to the first scheduled study
session on Wednesday, February 21,2001, at 6:30 p.m.
Respectfully Submitted,
~Q&~-
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on March 21, 2001, approved the Minutes of the Planning
Commission Meeting of Wednesday, February 1,2001. 0.G-.
....
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